Palm v. Tuckahoe Union Free School District

141 A.D.3d 635, 36 N.Y.S.3d 178
Appellate Division of the Supreme Court of the State of New York·Decided July 20, 2016·No. 2014-09474·Published·Cited by 2 cases

Opinion

In an action, inter alia, for a judgment declaring that the plaintiffs may designate the Tuckahoe Union Free School District as their school district pursuant to Education Law § 3203 (1), the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Connolly, J.), dated August 5, 2014, which granted the motion of the defendants Tuckahoe Union Free School District and Tuckahoe Board of Education pursuant to CPLR 4401 and 4404 (a) to set aside a jury verdict in favor of the plaintiffs and *636 against them and for judgment as a matter of law, and declared that the plaintiffs may not designate the Tuckahoe Union Free School District as their school district pursuant to Education Law § 3203 (1).

Ordered that the order and judgment is affirmed, with costs.

The plaintiff Steven Palm commenced this action individually, and as Chairman of the Board of the Pasadena Green Condominium Association, on behalf of the owners (hereinafter collectively the plaintiffs) of units in a 28-unit condominium complex known as Pasadena Green Condominium (hereinafter the Pasadena). The action was commenced against, inter alia, the Tuckahoe Union Free School District (hereinafter the Tuckahoe District) and the Tuckahoe Board of Education (hereinafter together the school defendants). The plaintiffs alleged that their condominium units at the Pasadena were located on property intersected by the school district boundary line between the Thckahoe District and another school district. They further alleged that, as owners in the Pasadena, they had elected to exercise their statutory right to designate the Tuckahoe District as their school district pursuant to Education Law § 3203 (1), and that the school defendants had wrongfully deprived them of this right, despite the fact that the Pasadena had paid school taxes to the Tuckahoe District and that the plaintiffs had relied on the school defendants’ representations that this right of election was available to owners of units in the Pasadena. The plaintiffs sought a judgment declaring that they may designate the Tuckahoe District as their school district pursuant to Education Law § 3203 (1), or, in the alternative, that the school defendants are equitably estopped from depriving them of the right to designate the Tuckahoe District as their school district.

At trial, only 3 of the 28 current condominium unit owners testified or otherwise provided evidence. Following the close of the plaintiffs’ case, the school defendants moved pursuant to CPLR 4401 for judgment as a matter of law. The court granted the motion to the extent of holding that equitable estoppel could not be invoked against the school defendants by the 25 current condominium unit owners who did not testify or otherwise provide evidence at trial.

The jury subsequently returned a verdict finding, in effect, that the plaintiffs were entitled under Education Law § 3203 (1) (b) to elect to designate the Tuckahoe District as their school district of choice, and that the school defendants should be equitably estopped from depriving the three plaintiffs who were current condominium unit owners, and who testified at *637 trial, of the right to designate the Tuckahoe District as their school district of choice. The school defendants thereafter moved pursuant to CPLR 4401 and 4404 (a) set aside the jury verdict and for judgment as a matter of law, and the Supreme Court granted the motion. The plaintiffs appeal.

The plaintiffs contend that Education Law § 3203 (1) (b) grants them a statutory right to designate the Tuckahoe District as their school district of choice because the Pasadena property is intersected by a school district boundary line separating the Tuckahoe District and another school district. Education Law § 3203 (1) provides, in relevant part: “The owner of taxable property that is so located that the boundary line between two school districts intersects (a) the dwelling on said property or (b), in the case of an owner-occupied single family dwelling unit, the property on which the dwelling unit is located may designate the school in either of such districts to which the children lawfully residing in said dwelling on said property shall attend.” The plaintiffs did not contend that Education Law § 3203 (1) (a) applied, and did not present any proof at trial that their individual condominium units were intersected by the school district boundary line. Rather, the plaintiffs presented evidence that the school district boundary line fell on an area of the property that was owned in common by the Pasadena, and argued that Education Law § 3203 (1) (b) applied in such a circumstance.

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Palm v. Tuckahoe Union Free School District, 141 A.D.3d 635, 36 N.Y.S.3d 178 (N.Y. Ct. App. 2016).

141 A.D.3d 635 (Palm v. Tuckahoe Union Free School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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2020 NY Slip Op 2608 (Appellate Division of the Supreme Court of New York, 2020)
Palm v. Tuckahoe Union Free Sch. Dist.
28 N.Y.3d 908 (New York Court of Appeals, 2016)